October 5, 2011

NLRB ANNOUNCES PULL BACK ON POSTING REQUIREMENTS

NAM
Today, during a status conference in the U.S. District Court for D.C., the NLRB announced it will voluntarily delay implementation of the posting requirement rule until January 31, 2012. The rule was slated to go into effect on November 14, 2011. The decision to delay was made in response to the suit filed by the NAM against the NLRB.

In addition, the Court has set the date for a hearing on summary judgment motions for December 19th with a decision being rendered before the new effective date of January 31, 2012.

On September 8th, the NAM was the first to file suit against the NLRB arguing that requiring all employers to post a notice of employee rights to unionize is outside the Board’s authority under the National Labor Relations Act and is in violation of the Administrative Procedure Act.

AMID EUROPE'S DOOM AND GLOOM, U.S. MANUFACTURING PERSEVERES
Quick Manufacturing News
September purchasing managers index marks 'a return to growth after contracting in August for the first time since May of 2009.' Click to continue

MAINTAINING THE INTEGRITY OF A WORKPLACE SAFETY COMMITTEE
Quick Manufacturing News
Encouraging worker involvement in company safety committees sometimes can be a challenge. Even so, to create a workplace that fosters employee engagement, morale and safety, workers must have a voice. Click to continue

EMPLOYEE MISCLASSIFICATION
Compliance and education efforts - 11 state agency leaders sign memorandums of understanding
By: Sherrie Hayashi, Commissioner; Utah Labor Commission

On September 19, 2011, I had an opportunity to travel to Washington D.C. to meet with the U.S. Secretary of Labor, Hilda Solis and other state Labor Commissioners.

The US Dept. of Labor, Wage & Hour Division hosted a ceremony where agreements were signed with the Utah Labor Commission, eight other states and the Internal Revenue Service, to share information in our efforts to address the issue of misclassification of workers who should be classified as employees. Two other states will also be signing similar memorandums of understanding.

Misclassifying workers allows companies to avoid paying workers compensation insurance, unemployment insurance, and state and federal taxes. It also creates a mechanism where workers may not be protected by laws that under normal circumstances protect workers, such as occupational safety and health laws, minimum wage and overtime laws, and antidiscrimination laws. It also creates an unfair economic disadvantage for those employers who strive to comply with labor laws, but cannot compete with companies who benefit from misclassifying their employees in order to avoid paying taxes and worker’s compensation premiums.

Particularly in this difficult economy, the partnership between these agencies will ensure a unified approach to providing the necessary support for those businesses committed to abiding by the law, and will continue to enforce protections for workers to be treated fairly and to be safe in their work environment.

The Memorandum of Understanding with the U.S. Department of Labor enhances the State of Utah’s existing work to address the misclassification of workers. During the 2011 legislative session, Sen. Karen Mayne sponsored SB11, creating the Workers Classification Coordinated Enforcement Council. The Council, led by the Labor Commission, is a cooperative effort between the Utah Tax Commission, the Office of the Attorney General, Department of Commerce, and the Department of Workforce Services/Unemployment Insurance Division.